MAD H.B. 330 75(R) BILL ANALYSIS ELECTIONS H.B. 330 By: Danburg 4-1-97 Committee Report (Unamended) BACKGROUND This legislation was developed during the 74th Regular Session in order to address the concerns shown by election's officials and political parties about the issue of voting by affidavit. Despite being, for the most part, uncontested in Committee and on the House floor last session, the legislation did not make it through the Senate process before session's end. During the current session, HB 330 was again supported by the Texas Association of Election Administrators and encountered no opposition despite two public hearings. Almost everyone who is a U.S. citizen, 18 years of age or older, can vote if they register at least 30 days before the election. A person who goes to the polls without a voter registration card, and whose name does not appear on the voter rolls, can cast a ballot by signing an affidavit that states they are entitled to take part in the election. After the election, the sworn affidavits go to the county's voter registrar, who checks to see if the voters were really qualified. Current election law does not allow for a separate ballot box for the affidavit ballot. Quickly locating ballots voted by affidavit is essential to a smooth-running, non-controversial election. PURPOSE The purpose of HB 330 is to create another ballot box for the affidavit ballots and to guard against voter fraud. HB 330 requires the presiding judge to ask for proof of identification, in the form of an identification card or document bearing the voter's photograph, and determine the voter's identity. The bill deletes the provision that a voter's failure to present proof of identification does not affect the voter's right to vote. The voter may not be accepted for voting if: the voter fails to present proof of identification, the presiding judge cannot verify the voter's identity from proof presented, or the voter refuses to execute an affidavit. HB 330 requires an election official to prepare a ballot stub for a voter who signs an affidavit. The voter who executes an affidavit is required to select a ballot stub and follow voting directions. The election officer would deposit the ballot stub in a sealed envelope after entering the corresponding ballot number on the stub and give it to the election records custodian. An unsigned stub would not count as a vote. Ballot stubs would not be public record and would have to be destroyed after a prescribed period unless certain extensions applied. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the secretary of state in SECTIONS 1 (Section 51.005(c), Election Code), SECTION 17 (Section 124.006, Election Code) and in SECTION 20 of the bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 51.005, Election Code, by adding Subsection (c) to require the secretary of state to prescribe procedures for determining the number of ballots stubs to be provided. SECTION 2. Amends Subchapter C, Chapter 52, Election Code, by adding a new section, as follows: Sec. 52.074. BALLOT STUB FOR CERTAIN VOTERS. (a) Requires the authority responsible for having the official ballot prepared to have a detached ballot stub prepared as provided by this section for use by a voter who executes an affidavit in accordance with Section 63.010. (b) Sets forth required contents of the ballot stub which is to be in a form approved by the Secretary of State. SECTION 3. Amends Section 61.005, Election Code, as follows: Sec. 61.005. New heading: SECURITY OF BALLOTS, BALLOT BOXES, STUBS, AND ENVELOPES. Requires the presiding judge of an election to take the precautions necessary to prevent access to the ballots, ballots boxes, ballot stubs, and stub envelopes in a manner not authorized by law. Makes conforming changes. SECTION 4. Amends 62.006, Election Code, as follows: Sec. 62.006. New heading: PLACING BOX AND ENVELOPE FOR DEPOSIT OF MARKED BALLOTS AND STUBS. Requires the ballot box and envelope number five to be placed where they will be in plain view of the election officers, watches, and persons waiting to vote. SECTION 5. Amends Chapter 62, Election Code, by adding Section 62.0081, as follows: Sec. 62.0081. PRESIDING JUDGE TO PREPARE BALLOT STUBS. (a) Requires the presiding judge to enter on each ballot stub to be used at the polling place the same number that appears on the corresponding ballot, the designation of the nature of the election, and the date of the election. (b) Provides that the preparation of the ballot stubs need not be completed before the polls open, but an unprepared ballot is prohibited from being made available for selection by the voters. (c) Requires the presiding judge to clip the ballot stub and envelope for its enclosure to the corresponding ballot. SECTION 6. Amends Section 62.009, Election Code, by adding Subsection (c) to require the ballots with stubs to be placed separately from the regular ballots. SECTION 7. Amends Sections 63.010(d) and (e), Election Code, as follows: (d) Requires, rather than authorizes, the presiding judge to request the voter to present proof of identification in the form of a personal identification card or other document bearing the voter's photograph and to execute an affidavit that states the facts necessary to support the voter's eligibility to vote. Requires the presiding judge to determine the voter's identity on presentation of the required proof of identification card or document to the voter after determining the voter's identity. Deletes the provision that a voter's failure to present proof of identification does not affect the voter's right to vote. (e) Makes conforming changes. SECTION 8. Amends Section 64.001, Election Code, as follows: Sec. 64.001. New heading: VOTER TO SELECT AND PREPARE BALLOT; DEPOSIT OF STUB. (a) Created from existing text. Makes conforming changes. (b) Requires a voter who executes an affidavit in accordance with Section 63.010 to select a ballot with a stub and perform certain duties before going to a voting station. (c) Requires the election officer to deposit the ballot stub enclosed in its envelope in envelope number five. SECTION 9. Amends Section 65.005, Election Code, by adding Subsection (d), to require a stub to be enclosed and sealed in envelope number five before the ballot is examined, if a ballot with a signed stub is found. SECTION 10. Amends Section 65.010 (a), Election Code, to prohibit a ballot with an unsigned stub from being counted. SECTION 11. Amends Section 66.003, Election Code, to make conforming changes. SECTION 12. Amends Section 66.021 (b), Election Code, to make a conforming change. SECTION 13. Amends Subchapter B, Chapter 66, Election Code, by adding Section 66.0242, as follows: Sec. 66.0242. CONTENTS OF ENVELOPE NO. 5. Requires envelope number five to contain the ballot stubs. SECTION 14. Amends Section 66.051 (b), Election Code, to make a conforming change. SECTION 15. Amends Section 66.058, Election Code, by amending Subsections (b) - (d) and adding Subsection (h), to require the ballot stubs to be destroyed after the expiration of the prescribed preservation period, subject to an extension of the period under Section 1.013. Provides that the ballot stubs are confidential information and are not subject to public inspection before they are destroyed. Makes conforming changes. SECTION 16. Amends Section 66.059, Election Code, by making conforming changes. SECTION 17. Amends Subchapter A, Chapter 124, Election Code, by adding Section 124.006, as follows: Sec. 124.006. IMPLEMENTATION OF BALLOT STUB SYSTEM. Requires the Secretary of State, by rule, to prescribe the form of a ballot stub and ballot for use with a stub and the necessary procedures to implement the ballot stub system prescribed by Section 52.074 for use with each voting system used in this state. SECTION 18. Amends Section 221.008, Election Code, by making a conforming change. SECTION 19. Amends Sections 273.041, 273.042, and 273.043, Election Code, to make a conforming change. SECTION 20. Requires the Secretary of State, by rule, to prescribe any procedures necessary to implement this Act. SECTION 21. Effective date: September 1, 1997. SECTION 22. Emergency clause.